BYLAW - Agreement With J.P. Ciniglio - 19790618 - 228879.,.~\b,;;,;,;i.-t.,;,.;~=~------"-'"' --~-"-·----------------
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BY-LAW No. 2288-79
OF THE MUNICIPAL CORPORATION OF THE
TOWN OF AURORA.
A By-Law to authorize the Mayor and Clerk to execute an agreement
of behalf of the Corporation of the Town of Aurora and John Peter
Ciniglio.
THE COIINOIL Of THE CORPORATION OF THE TOWN OF AURORA
ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and they are
hereby authorized and directed to execute
the Agreement between the Town of Aurora
and John Peter Ciniglio.
2. A copy of the said Agreement is attached
hereto.
READ A FIRST AND SECOND TIME THIS /f;f/ DAY ~:. r 1979.
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CLERK ~~
.......... ~ .0.~ MAYOR ~ .•• , ••••••••
.......... ~-vL MAYOR ~··•••• ···r .. •••••
READ A THIRD TIME AND FINALLY PASSED THIS /f~DA";l OF 0. · 1979. ----J r ~~4P-t-~ ..
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THIS AGREEMENT made in duplicate this ;2 ~ dayof J~·---.!2_ 1979.
BETh'EEN: THE CORPORATION OF THE TOVm OF AURORA
(hereinafter called the "Town)
OF THE FIRST PART
and
JOHN PETER CINIGLIO
Box 16, R.R. #3, King, Ontario.
(hereinafter called the "Owner)
OF THE SECOND PART
WHEREAS the Owner has requested the Town of Aurora for a
Building Permit to construct an Industrial Building on their lands
hereinafter described.
AND WHEREAS The Town of Aurora has agreed to do so on
certain terms and conditions;
AND WHEREAS the said lands are subject to a By-Law ena~ted
under Section 35 (a) of the Planning Act;
NOW THEREFORE in consideration of the premises, the parties
hereby mutually covenant and agree as follows:
1. The lands subject to this Agreement hereinafter referred
to as "The Lands" are situated in the Town of Aurora, in
the Regional Municipality of York, being Lot 17, Registered
Plan #535 and attached hereto as Schedule "A".
2. The Owner shall use the lands only in compliance with
the applicable provisions of the Town's Zoning By-Laws in
force from time to time as they affect the said lands.
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3. Prior to the issuance of a Building Permit, the Owner shall
pay the following Fees:
(a) Site Plan Agreement Fee of $100.00
In addition to the above fee, the Owner will pay normal
fees for the issuance of a Building Permit upon the
application for such permit.
4. The proposed Industrial Building shall contain approximately
3,500 sq. rt·. on the First floor, as per drawing 79-101
dated February 1979 by R.E.M., and located as per Drawing
79-101. The building shall be constructed according to
elevation drawing by York Design and Drafting Service,
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dated September 11th, 1978,.
The aforementioned drawings are attached hereto as
Schedule "B". All construction shall comply with the
Town Building By-Laws and the Ontario Building Code.
6. The Owner will construct and install all walls, fences,
trees, shrubs, groundcover and other landscaping as shown
on the plan attached as Schedule "B", and shall use the
areas shown on the said Plan as landscaped, for no other
purpose. The Owner will maintain the landscaping and
sodding above referred to in good condition and will-promptly
replace any grass, trees or shrubs which die. The Owner
will further provide for removal of snow from all access
ramps, driveways, parking areas and walkways as the same
is necessitated by climatic conditions.
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The Owner will further keep in good conditions and repair
all of the said access ramps, driveways, parking areas
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and walkways. In :the event that the Owner fails to
carry out any of the duties required by, this paragraph,
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the Town may perform the same at the expense of the
Owner and add the cost of such performance to the taxes
levied against the said lands pursuant to Section 469
of the Municipal Act.
7. Vehicular parking areas. loading areas and access driveways
shall be located as shown on the plans Sched11le "B".
The specifications for such facilities shall be in accordance
with Schedule "C", attached hereto. Precast concrete
curbing shall be installed as shown on the said schedule,
and be a minimum of 6" in height •. Where continuous
poured concrete curbing is· used, it must project at least
6" above grade, creosoted wood ties, or railway ties
may be substituted.
8. , All outside lighting must be installed and maintained in
good condition and must be operated so as not to interfere
unduly with the enjoyment of abutting properties and streets.
All electric and utilities services for the lands and
building are to be underground.
9. Provision for storage of garbage to be located as per
Schedule "B". Outside storage will be permitted on the
subject property but only in compliance with Section VIII
7, of the Town Restricted Area By-Law #1863, as amended.
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10. It is understood and agreed that no one may occupy or
use any part of the said building until a Certificate of
Compliance (Occupancy Permit) is issued by the Town.
11. All drainage works shall be in accordance with the drainage
as shown on Schedule "B". No change in grading, elevation
or contour of the lands, or change in the method of
disposal of storm, surface and waste water from the lands
and building shall be made without the prior written
agreement of the Town.
12. If the structure'orthe building shown on this said schedule
is not commenced within 12 months of the date of signing
of this Agreement, this Agreement shall lapse and thereafter
any development of said lands may take place only if
a further agreement is entered into.
13. When the Owner begins construction on tbe site as afore-
said, such construction will proceed with all due dispatch,
and the Owner will complete the installation of all
sidewalks, driveways, parking areas, lighting and land-
scaping called for by this Agreement (hereinafter called
the "outside work") within 12 months from the time when
the said building is first used or occupied. With the
execution of this Agreement the Owner agrees to deposit
with the Town an irrevocable Letter of Credit or Performance
Bond or Bonds in the form acceptable to the Town in the
amount of $15,000.00 to cover the cost of construction
and maintenance of the outside work, which Letter of Credit
or Bond is to remain in force until all obligations of the
Owner to complete the outside work are discharged. In the
event that the outside work is not completed within the
said 12 month period, then the Town may call upon the said
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13. (cont'd)
letter of Credit or Performance Bond and complete the
outside work from the proceeds thereof. Upon the
:r:""~ completion of the outside work to the satisfaction of
the Town, the Owner shall continue to maintain in force
such Letter of Credit or Performance Bond for a further
period of 2 years to ensure that the obligations of the
Owner to replace landscaping and repair other outside works
are carried out. The Town may reduce the performance bond
from time to time at the request of the Owner, upon the
Owner furnishing an Engineer's Certificate showing the
stage of completion of the work, provided that such
reductions do not decrease the said bond or letter of
credit below the value of the work yet to be completed.
Final decisions on the value of the uncompleted work
shall be at the discretion of the Town of Aurora.
14. The provisions of this Agreement shall enure to the benefit
of and be binding upon the parties, and their respective
successors and assigns.
IN WITNESS WHEREOF the parties have affixed their corporate
seal duly attested by their proper Officers in that behalf, and
signed this ~ 'J" \)f.) I: 1979. "2.1 day of
THE CORPORATION OF THE TOWN OF AURORA
L0.~
MAYOR q------,
CLERK
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SCHEDULE "C"
Parking lot construction shall be in accordance with the
following M.T.C. specifications and compaction requirements:
Asphalt:
Granular
Materials:
Earth Fill: ·
M.T.c. 310 and 1003
M.T~C. 1010 lOCJ% Standard
Proctor (Max. Dry Density)
95% Standard Proctor (Max.
Dry Density) •